Last man with $1M bail in Waco still locked up in biker case

This is a 2014 mug shot from Limestone County of Marcus Pilkington on drug charges. He is now the last Million Dollar Man in Waco biker case, where he is the only biker left who is locked up on $1 million bail pending the outcome of charges against him. less

This is a 2014 mug shot from Limestone County of Marcus Pilkington on drug charges. He is now the last Million Dollar Man in Waco biker case, where he is the only biker left who is locked up on $1 million bail ... more

Photo: Dane Shiller

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Authorities investigate a shooting in the parking lot of the Twin Peaks restaurant, in Waco, Texas, on May 17, 2015.

Authorities investigate a shooting in the parking lot of the Twin Peaks restaurant, in Waco, Texas, on May 17, 2015.

Photo: Associated Press

Last man with $1M bail in Waco still locked up in biker case

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Marc Pilkington rides herd over fellow members of the Heart of Texas chapter of the Bandidos Motorcycle Club. He makes sure rules are obeyed, and he is the front line of defense should anyone threaten his brothers. Think of him as a mix of drill sergeant and junk-yard dog.

Of the 177 bikers charged in Waco for their alleged roles in what police have called a gang war, he is the only person still locked up with a $1 million bail. Two other bikers remained at the Jack Harwell Detention Center last week, but their bail amounts have been drastically lowered.

Eighteen people were wounded and nine killed in the May melee that remains under investigation.

Many of those arrested had no criminal records, such as a Brenham bank teller who doesn't even own a motorcycle, a former Marine who served in Afghanistan and a retired San Antonio policeman.

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But Pilkington is no newcomer to police.

Prosecutors describe the 37-year-old as a Bandidos sergeant-at-arms, a formal rank for someone who takes care of business when things get physical.

The Houston-born Bandidos have chapters all over Texas and in several other states. Law enforcement considers them an Outlaw Motorcycle Gang.

The Department of Public Safety classifies them in the same tier as the Bloods, Crips and Aryan Brotherhood of Texas.

Pilkington isn't supposed to ever lose a fight, and if someone is thrown out of the club, he is the one who confiscates the prized leather vest that reads "Bandidos" across the back.

"Depending on the club, he may be required to have a firearm or have one nearby," said Terry Katz, a retired state policeman who is a spokesman for the International Outlaw Motorcycle Gang Investigators Association.

"Usually the sergeant-at-arms is a pretty handy guy when it comes to fighting," Katz said.

It's the kind of job handed to a "bruiser," and the Mafia equivalent would be a "leg breaker," Katz said.

The $1 million bail, a portion of which must be paid for conditional release pending trial, was slapped on every person arrested in Waco, no matter how small or large their role may have been.

'No legal basis for detaining'

Nothing has been made public about what Pilkington or any of the others allegedly did during the clash between the Bandidos and Cossacks that unfolded at a Twin Peaks restaurant.

He was wounded in the leg during the fight, which was broken up by police who knew about the biker meeting there, were on the scene and also opened fire.

A court file contains a photo of Pilkington in a hospital bed following the clash. He is wearing a Bandidos cap and T-shirt.

Pilkington lives in Mexia, where last year he was accused of tampering with evidence in a case where he was sitting in the back of a patrol car - and being video recorded - when he allegedly pulled out some methamphetamine and ate it.

Assistant McLennan County District Attorney Mark Parker said during a June court hearing related to the Waco arrest that Pilkington was "extremely violent," following a wreck a few years ago. He also said Pilkington was addicted to methamphetamine.

In the past year, Pilkington has been arrested in various counties on a number of charges, such as assault, drug possession and stalking. He also has a protective order against him, according to court records. The Texas Department of Criminal Justice has no record of him ever being to prison.

Parker said Pilkington was among the bikers who were ready to fight when they came to Waco on May 17.

Parker did not say if authorities believe Pilkington had a weapon in Waco, but he did tell a judge that Pilkington previously had been arrested with a .45 caliber Glock and a .22 caliber Derringer.

Pilkington's Austin-based lawyer, Adam Reposa, said that authorities should not be influenced by Pilkington's record, but stick to the facts of what is known in Waco.

"They have absolutely no legal basis for detaining him," Reposa said. "There is none. They need to let him go."

'Embrace transparency'

The clash between Reposa and prosecutors is laid out in court papers filed with the Tenth Court of Appeals.

Authorities have yet to lay out who they believe actually fired a gun or threw a punch at the Twin Peaks restaurant. Everyone is charged with engaging in organized criminal activity.

Terri Burke, executive director of the Houston-based American Civil Liberties Union of Texas, and others have said authorities in Waco should reveal what evidence they have against each defendant.

"Everything I've read says there are some issues with this case," she said. "The way you address it, if you are the police department in Waco, in order to restore everyone's trust in what you have done is to embrace transparency."

The affidavits used to justify the arrest of each biker are identical, aside from a fill in the blank where individual names are written.

Authorities said a gag order in the case, issued by a judge who was formerly the district attorney's law partner, now prevents them or anyone from publicly disclosing who was shot by police or even releasing surveillance videos.

The Houston Chronicle's parent company, the Hearst Corporation, is among 16 news organizations that filed a brief with the Court of Appeals supporting one biker's challenge of the gag order, arguing that it is an illegal restraint on free speech and that it improperly restricts the news media from informing the public on a matter of significant public interest.

'I respect what police face'

The ACLU's Burke said she does not just assume that police are out of line, but that their actions must be scrutinized, be they the arrests in Waco or the traffic stop of motorist Sandra Bland in Waller County.